Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 85533055

Filing Date: 02/03/2012

To the Commissioner for Trademarks:

MARK: 9MM (stylized and/or with design, see mark)

The literal element of the mark consists of 9MM.
The applicant is not claiming color as a feature of the mark. The mark consists of a configuration of product packaging in the nature of a three dimensional container for the goods which is shaped like a 9MM bullet. The wording "9MM" in a stylized font is displayed on the container. The wording is preceded by one star and reads from the bottom to the top of the container. The top portion of the container is differentiated from the rest and slopes inward to form a dome-like shape. There are five small stripes at the base of the container, after which the bottom of the container tapers in slightly.
The applicant, 9MM ENERGY DRINK, INC., a corporation of Panama, having an address of
      Calle F El Cangrejo, Edificio Porto Bell,
      Plta. Baja
      Ciudad de Panama
      Panama


requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 032:  Energy drinks
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).



Owner address should read: Calle F El Cangrejo, Edificio Porto Bello, Plta. Baja, Ciudad de Panama, Panama

The applicant's current Attorney Information:
      Susan Upton Douglass of Fross Zelnick Lehrman & Zissu, P.C.
      866 United Nations Plaza
      New York, New York 10017
      United States
The attorney docket/reference number is ENDR 1200978.

The applicant hereby appoints Susan Upton Douglass of Fross Zelnick Lehrman & Zissu, P.C.
      866 United Nations Plaza
      New York New York 10017
      United States
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Susan Upton Douglass

Fross Zelnick Lehrman & Zissu, P.C.

866 United Nations Plaza

New York, New York 10017

212-813-5900(phone)

212-813-5901(fax)

sdouglass@frosszelnick.com (authorized)

A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.

Declaration Signature

Signature: Not Provided    Date: Not Provided
Signatory's Name: Alvaro Bermudez Chacon
Signatory's Position: Apoderado
RAM Sale Number: 9400
RAM Accounting Date: 02/03/2012

Serial Number: 85533055
Internet Transmission Date: Fri Feb 03 12:07:41 EST 2012
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.X-20120203120741422
174-85533055-490ac4d33ad46891cf92e978b06
ee28f7-DA-9400-20120203105214090017